PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-17-106.
Title of Rule: Hops--Certification analysis--Fees.
Purpose: Establishment of a fee for hop oil constituent analysis, a new service to be offered by the Washington State Department of Agriculture chemical and hop laboratory in Yakima.
Statutory Authority for Adoption: RCW 22.09.790.
Statute Being Implemented: Chapter 22.09 RCW.
Summary: Addition of a new analytical service, analysis for specific hop oil components, which is not currently a service offered by the lab, was proposed by the hop industry. A new fee is needed to implement this proposal. In addition, a review of the existing services and fee schedule indicates changes in format are needed to clarify existing provisions and an obsolete fee should be repealed.
Reasons Supporting Proposal: Implementation of this fee would allow the laboratory to furnish hop oil constituent analysis to members of the industry, if they wished to obtain it. It is anticipated that an industry organization (Hop Growers of America) will offer voluntary varietal certification based on analytical results as a marketing tool. If this is an effective marketing tool, Washington hop growers should benefit.
Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1907; Implementation: Royal Schoen, 21 North 1st Avenue, Yakima, WA 98902, (509) 225-2621; and Enforcement: Gary Meyers, 21 North 1st Avenue, Yakima, WA 98902, (509) 225-2626.
Name of Proponent: Hop Growers of America, a nongovernmental hop industry organization, private.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The rule establishes a fee schedule for services performed in grading and determining the condition of hops. By provision of statute, the hops program is funded entirely by fees-for-service. Chemistry analytical services are voluntary and are not mandated for any hops.
The proposed change adds a fee for a new service requested by Hop Growers of America (HGA). The service - hop oil constituent analysis - is necessary in order for HGA to implement its proposed program to certify hops as to variety. Varietal certification (which is anticipated to be performed by the industry organization, based on chemical characteristics of hops submitted to a laboratory for testing) would be utilized as an international marketing tool. The analysis and any certification HGA may perform is anticipated to be entirely voluntary and would have no regulatory impact.
Other proposed changes would eliminate an obsolete fee for typing additional copies of certificates and clarifies the existing text by converting it into clear and readable format.
Proposal Changes the Following Existing Rules: Augments the existing fee schedule for specialized analytical services for the hop industry by adding a fee for a new service - oil constituent analysis. Also clarifies the existing text by converting it into clear and readable format, repeals an obsolete fee and deletes an obsolete provision.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Use of the service for which the fee is proposed - hop oil constituent analysis - is entirely voluntary. This test is envisioned as a marketing tool, and no regulatory requirement mandates that it be performed. If a member of the hop industry chooses to obtain this analysis, it will presumably be intended to create a marketing advantage and increased sales, a benefit to the industry. Choosing not to authorize the test incurs no penalty or risk. There is no negative economic impact and a potential positive impact on small businesses.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.
Hearing Location: Washington State Department of Agriculture, 21 North 1st Avenue, Room 238, Conference Room B, Yakima, WA 98902, on November 10, 1999, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Mary Frazee by November 3, 1999, TDD (360) 902-1996, or (360) 902-1976.
Submit Written Comments to: Mary Toohey, Assistant Director, Washington State Department of Agriculture, Lab Services Division, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2094, by November 10, 1999, at 5:00 p.m.
Date of Intended Adoption: November 16, 1999.
October 6, 1999
Mary A. Martin Toohey
Assistant Director
OTS-3437.1
AMENDATORY SECTION(Amending WSR 93-15-069, filed 7/16/93,
effective 8/16/93)
WAC 16-218-010
Schedule of fees for physical grading.
The schedule of fees, payable to the department for certification of hops pursuant to the standards established by the Federal Grain Inspection Service of the United States Department of Agriculture shall be as follows:
(1) Lot inspection. One dollar and twenty-five cents per bale in each lot, minimum charge shall be thirty dollars.
(2) Sample inspection. Thirty-five dollars per unofficial sample submitted.
(3) Supplemental certificates. Five dollars per certificate.
(4) Appeal inspection. Charges for appeal inspections shall be made by the Federal Grain Inspection Service, Portland, Oregon, and payment for appeal inspections shall be made to them.
(5) ((Extra copies. A charge of two dollars per set shall
be made for typing extra copies of a certificate when requested
by the original applicant or other financially interested party.
(6))) Extra time and mileage charges. If through no fault of the inspection service, lots of hops cannot be sampled at the time such sampling has been requested by the applicant or there is an undue delay in making a lot of hops available for sampling, extra time and mileage charges shall be assessed. Fees for hourly wages shall be charged at the current established sampler hourly rate and mileage shall be charged at the rate established by the state office of financial management.
To be considered available for sampling and certification, each and every bale in the lot of hops shall be readily accessible so that each bale may be properly stenciled and samples drawn from those bales selected by the inspector.
[Statutory Authority: RCW 22.09.830(2). 93-15-069, § 16-218-010, filed 7/16/93, effective 8/16/93. Statutory Authority: Chapter 22.09 RCW. 86-17-032 (Order 1905), § 16-218-010, filed 8/15/86; 80-08-048 (Order 1710), § 16-218-010, filed 6/30/80; 79-04-077 (Order 1596), § 16-218-010, filed 3/30/79; 78-07-074 (Order 1580), § 16-218-010, filed 6/30/78; Order 1372, § 16-218-010, filed 7/5/74; Order 1156, § 16-218-010, filed 7/1/70, effective 8/1/70; Order 1095, § 16-218-010, filed 6/28/68, effective 8/1/68; Emergency Order 1093, § 16-218-010, filed 6/28/68; Order 995, Regulation 1, filed 12/8/65; Order 815, Regulations 1 and 2, effective 7/1/60.]
The following is the schedule of charges for chemical analyses of hops, hop extract, hop pellets or hop powder:
(1) Official samples of hops drawn by department personnel
shall be composited either from the cores drawn for grade
analysis, or from cores specifically drawn on a schedule for
brewing value only. ((Charges for analysis are: Thirty-five
cents per bale, with a minimum charge of thirty dollars for the
ASBC spectrophotometric with moisture, thirty cents per bale,
with a minimum charge of thirty dollars for the ASBC
spectrophotometric without moisture, and ASBC or EBC
conductometric methods.)) A minimum charge of $30.00 per sample
is established for each of the analyses listed in this
subsection:
| (a) | ASBC spectrophotometric with moisture . . . . . . . . . . . . $0.35/bale |
| (b) | ASBC spectrophotometric without moisture . . . . . . . . . . . . $0.30/bale |
| (c) | ASBC conductometric . . . . . . . . . . . . $0.30/bale |
| (d) | EBC conductometric . . . . . . . . . . . . $0.30/bale |
(2) Extra time and mileage charges. If through no fault of the inspection service, lots of hops cannot be sampled at the time such sampling has been requested by the applicant or there is an undue delay in making a lot of hops available for sampling, extra time and mileage charges shall be assessed. Fees for hourly wages shall be charged at the current established sampler hourly rate and mileage shall be charged at the rate established by the state office of financial management.
To be considered available for sampling and certification, each and every bale in the lot of hops shall be readily accessible so that each bale may be properly stenciled and samples drawn from those bales selected by the inspector.
(3) The following fees shall be charged by the department for samples submitted to the chemical and hop laboratory for analysis:
| (a) | ASBC (( |
| (b) | ASBC (( |
| (c) | EBC (( |
| (d) | EBC (( |
| (e) | (( |
| (f) | Methylene chloride . . . . . . . . . . . . $80.00 |
| (g) | Tannin . . . . . . . . . . . . $55.00 |
| (h) | Ash . . . . . . . . . . . . $20.00 |
| (i) | SO2 . . . . . . . . . . . . $25.00 |
| (j) | H2O . . . . . . . . . . . . $10.00 |
| (k) | HPLC . . . . . . . . . . . . $100.00 |
| (l) | Total oil . . . . . . . . . . . . $25.00 |
| (m) | Oil constituents analysis . . . . . . . . . . . . $145.00 |
| (n) | Wort test, particle size . . . . . . . . . . . . $10.00 |
[Statutory Authority: RCW 22.09.790. 97-05-003, § 16-218-02001, filed 2/5/97, effective 3/8/97. Statutory Authority: RCW 22.09.830(2). 93-15-069, § 16-218-02001, filed 7/16/93, effective 8/16/93. Statutory Authority: Chapter 22.09 RCW. 86-17-032 (Order 1905), § 16-218-02001, filed 8/15/86; 79-04-077 (Order 1596), § 16-218-02001, filed 3/30/79; 78-07-074 (Order 1580), § 16-218-020 (codified as WAC 16-218-02001), filed 6/30/78.]
The following section of the Washington Administrative Code is repealed:
| WAC 16-218-001 | Promulgation. |